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tv   [untitled]    January 24, 2014 1:00am-1:31am PST

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is that again, the process is very deliberate and organized and you can have a group of four cases and you can have four cases in one batch, that go through different stages so they are very efficient and the case is moved through the process and they complete four cases and the reports are on a supervisor's desk awaiting approval to have the report signed off and the report, or the report signed off and issued to the investigator. and so, while that is going on, they have this additional cases that they are working on and that process it continues, throughout the year. >> that is great and that is an improvement and i have a question for you if you don't know the answer that is fine. i saw on the news that a state senator from the east bay is asking for legislation to expedite the testing of all rape, trauma kits throughout california, given our current state of our protocol, if you have seen what the senator is proposed do we fit in that and
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what the senator is asking for. >> i did read the bill and i can tell you that the administrative code, 28.89, that mandates what the policy will be for the police department in terms of testing for dna, our standard is a lot higher, that we meet. we have, we are required by the administrative code to collect kits within 72 hours, which we do. we keep track of that collection and we have never missed that mark not once. and our time goal in the administrative code is that once we take the collection of those kits, we analyze them and if there is an eligible profile we enter into it the kotus within 14 days and that is a lofty goal and we have met it on many occasions. but it is tough. the assembly bill, said that the language says that law
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enforcement agencies are encouraged to collect sexual assault kit evidence as soon as practical or within five days at the most and law enforcement is also encouraged to submit those kits to a crime lab. the, there is one carve out in there that is different from our admin code in that, the assembly bill says that if the law enforcement agency decides not to test a kit within 30 days, of that decision, that the victim has to and pardon me, the survivor has to be notified. but, that our department is again, i think ahead of that curve with the forms that we created providing survivors of sexual assault with a dna bill of rights card as well as services at the time that person comes into contact with the first responder, or investigator. >> that is good news, i appreciate that and commissioner kingly? >> captain, thank you for your
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report. >> thank you. >> and congratulations on the progress that has been made since you last reported. i appreciate that. chief, and captain, i wonder if we could get some of your, the highlights of your presentation in writing? so that we could have it for our representative files? >> absolutely. good stuff in there, and i would like to have it. >> okay, i will get that to you commissioner. >> thanks. >> commissioner loftus? >> hello. captain. thank you for all of the work that you have done on this issue for some time, i think that i reported to the commission, commissioner chan and i had a chance to go to the crime lab, recently, maybe within the last six months and having been there years ago when i was a da and having had a chance to go as a commissioner and there is really a sense of hope and a sense that the department is giving resources and devoting the necessary resources to what is something that the public and juries certainly demand which is the procedure of
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science as a tool for law enforcement and it is so compelling and such compelling evidence and really for the department to be investing in the crime lab and for your leadership, i am very grateful. and i have a couple of questions about the audit, that are just, or should be pretty easy. but, essentially, the carve out, these six, issues where the suspect identity was known and the da discharged the case, are those included in the pot of kits that are going to be out and tested are were those taken out? >> these, the reviews that these categories were identified by them, because he was here and very supportive of getting all of the information that the commission needed when he was, the commanding officer of special victim's unit and he assigned the inspecters to look at that group of cases that we had reported on at our last meeting. on this topic was on the agenda. >> and so, these categories were part of the review of that
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group of cases. and so, of those, of that group of cases were there any kits that did not fall in one of those categories that were retested my understanding is that there were. >> these were of all of the cases that were reviewed by captain fox there was one case, out of that group, where an abundance of caution, captain fox said that this evidence gets tested. >> but these are the review, and it was a review of every case file by you know, svu, inspecters that, and that is their specialty and that is what they do day in and day out and so they reviewed those and came up with the different categories and i think that these things, just sort of jumped out off of the page because the categories that were the most associated with why the determination was made as to why to test the testing. >> those cases the kits was not tested they stood by the decision not to test the kit. and do you know if the victim
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was notified, and the kit was tested. >> each of the survivors in this case are unique. >> they were told of the investigative steps being taken, and especially when it was by someone else and we need a loop and how we are going and overwhelming that we did not test for, because of the suspect and the value of getting that kit tested and that is understood for most survivors. all of them were told that it was not part of the process but the majority were told. it is apparent through the complete audit of the case file that was done.
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these are very intraindicate cases our survivor and investigators are linked up from the very beginning when they meet at the hospital. so very intense. >> i appreciate that, and i also think that given, you have characterized it correctly that the survivors are a different point of their own recovery and understanding and involvement and i feel like from my perspective and it sounds like it tracks with this legislation state wide and it feels like i would love the department to consider something that is in writing that we could know that we have notified the survivors or i would want the briefing on why that is not a good idea because i feel like one of the issues that i have learned through the process is that sometimes the system can be difficult for someone who a victim and you certainly, captain are an expert on understanding these issues, and i can foresee another situation in the future where we could have another survivor come back and say, my kit was not tested
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what happened? and for the public, and for everyone to say, it feels like this is a story that just keeps going and we feel like we hear the backlog stories and the reality is that there are some kits for a number of reasons are not tested and it would feel great from my perspective if there was a note in the file that we, you know, made a decision, and shared it with the survivors. so it was not a matter of this sort of ongoing. >> i agree. as we go back and look and forward the kits that are not tested and we will be making contact with all of the victims and we will include that in the contact and i can tell you what the chief's leadership and every kit from now on is getting tested there will be no doubt whether that kit is getting tested. >> we will be able to stand up here and say every time, there are no future time, that it has been taken away from the investigator and the chief has decided that he wants to test every kit and that is what we are going to do.
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>> those six categories will no longer be in play and the discretion has been taken away from the investigator, when he will be testing that kit and we have been doing that since january first. >> for as much as i have studied this issue i did not get the headline and so, i am just so, that, incredible and wonderful, and i commend the department for that decision, that is a decision that not many departments across the united states have taken and i think that it is really speaks to the chief's leadership and so i would say the extent to which we are not testing a kit but it sounds like we are not going to have that problem. wow. thank you, commissioner chan? >> you, render me speechless. >> i missed that headline and i did not realize that is a commitment that the department is going to take up, because i think that it is, it is hard when there are some tests and some are not, and understanding
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that, and that is really exciting. and i second commissioner kingly's request for some of this in writing and i know from visiting. i know there is a lot of improvements and the lab is looking good and i relay the perspective and i want to ask i don't know this very well and so is there a ten day requirement under the administrative code or is it a ten day requirement for something to be done? >> so, there are two language in the administrative code that speaks to two issues really at a time. and the first is that the police department takes custody of a sexual assault kit in 72 hours which we do. we have a data log where we track that and the property tracks that and the second mention of time in the administrative code is that the goal for the time goal for testing, for the police department shall be 14 days.
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but there is no direct commissioner there is no reference that i recall about ten days. >> i think that i just mixed up the time with 14. and i am trying to understand this. and the eight weeks that we takes and the number of the goal of 14 days or two different things >> it is our goal for the sexual kit, and there are cases where we are able to do that. and you mentioned that there is an eight week average now. and our goal is 14. and our average is 8 weeks, our goal is 14 days, and we had a lot of instances that i could point to where we got the kit, we analyzed it and we turned it around at 14 days and entered into cotus and got a match and
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followed the investigation. and you know, led to our investigators be able to identify a perpetrater. >> and so, i was just going to say one thing that i learned about this is that the administrative code sets these time goals and the 14 day is a goal the department prioritized where there was not a known suspect for that 14 day and that is the asap program and i think that given a lack of resources the other cases take a little bit longer and the average as you said is lower than in other jurisdictionses but you are improving and our. inger is lower than other jurisdictions. >> yeah. >> in terms of the 14 day goal that was done and the asp program came as a program and making sure that we met that goal and not a known suspect and it is a stranger rape or it is just this urgent public safety need to identify the suspect and that is one type of case that they prioritize. >> and for the afc program is the average 14 days?
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is that different? >> yeah, the asap program now, which encome bases both and identified and unidentified suspect cases. and the whole goal of that program initially, was to get the most probative sample and it was taken by the time that it was collected and get that to the crime lab and that is in 72 hours and if i could review the data that i bet that i could come back and tell you. >> and i would that monday money and we are under 72 hours on many occasions because we have the relationship with the trauma center nurses and the property control and we know for some strange reason the sfoen does not get picked up and the lieutenant is in communication with the crime lab and the communication is solid between the partners and we get the evidence to the crime lab as soon as possible. >> got it. so my last question is to get us towards that goal of 14 days, do i understand is a
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really and it is a high goal. >> it is a lofty goal what is needed? what do you needed from us? >> well, our crime lab is not different from any other crime lab in the united states in that there is a very high demand for dna and there is you know there is a finite resource when it comes to personnel and i can tell you that in los angeles, for example, their dna unit was growing, and they were hiring more people and so they got a new facility and they moved all of those folks into that facility and the demand continued to spike. and so they hired more people, and so, they hired so many more individuals, to do analysis that they are refurbishing the building to make a second branch or a second satellite office to do dna analysis, and so it is the group of people that we have at the crime lab are fantastic and that is why the numbers are what they are and i appreciate the compliment that the credit is on, and it goes to them, the way that the
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dna is organized into teams and the way that the dna unit has a rotation for sexual assault cases. all of those things contribute to the success of the turn around time. and it keeps in mind the message or a lesson that i was taught there, and we don't, this is not an endeavor where you want to push people too hard or too fast and you know, this the value of this evidence is a science, and it is almost undisputable by any other scientist and so they have to do things, you know, organize and they have to have their way of doing things that comes out the same every time and it eliminates the opportunity for an error. >> i also... i got to commend the captain and they don't just do dna on rid kits and they are doing the dna on everything and i just spoke to them today at the board of supervisors about the second bond which will
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actually facilitate and brand new crime lab, where we could, we actually asked for the larger footprint but because of budget constraints that were put at the median footprint that we anticipate of growing out of because pretty much the demands of our district attorney's office is video, and or dna, on just about everything. so, to get the turn around time that we have and the commitment that all kits will be tested will test the crime lab but i am confident that the captain and his staff have been great and i think that if you get a chance to not even go out there and if you could see the before and after pictures of what the captain and his folks have done out there, it is night and day. >> that is true. >> thank you. >> commissioner turman? >> actually, with the last point that the chief was better, and i just want to thank you for the captain and thank you, captain, and thanks to everyone on your team
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because in the society that we live in today, people do want more than just the rape kits, they want everything, dna testing and it is an element and they want that kind of testing and they want that kind of scientific proof and you are stepping up to meet the challenge and i heard it. loud and clear. and everybody else is on 12 weeks, and we are getting this done and eight weeks which is down a week before and down a week less than what we used to. and what our average rate used to be and we are moving in the right direction and i appreciate all of the hard work. i think that your partnership with the rape and trauma nurses is an interesting idea and i think that it is probably going to be a huge benefit to us. and in the long run, because the ex-expansion of the asap program is really a thoughtful exercise. and i appreciate the foresight in going out and seeking more
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resources and funding to get this type of work done and so thank you very much. the chief sort of stole my thunder but it is his vision and you folks are implementing it and so i am going to allow that this time and so thank you very much. >> thank you commissioner. >> thank you, very much, it has been a long journey, this started years ago with commissioner hammer, a former prosecutor like myself and commissioner loftus and turman expressing concerns about this issue and we have come a long way since he has expressed those concerns and chan and loftus going up and visiting the lab and so i want to thank you and the developments here and partnership with as you called it mission emergency and the rape trauma nurses and the fact that we are able to hire more people chief, thank you very much. and there is always this debate about do we test if it is a known suspect as opposed to unknown, obviously unknown goes first and i think that the chief took an incredible first step and we are the only department that is testing every kit. thank you, captain it was awesome. >> thank you. and i also have to thank the
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chief for his leadership and like you said, commissioner, he made the call. and it is a complicated issue. but, it is the right thing to do right now and that is what we are doing right now. >> thank you. >> and call item 3 b. >> public comment? >> so in closing, just as long as we are on the subject of sexual assaults, again, i can't go on and on enough about the crime lab and jason fox at svu and we will be transitioning captain conoly into the crime lab as well and so he is back there and he is no shrinking violet. >> they were goig going to change the definition of a rape was, a fee mall against her will, many are excluding a long list of sex offenses, such as
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offenses involving oral or anal and penetrations of object and rapes of males, the new summary definition is more graphic and i will not read it since we are on television. >> and even though the f.b.i. implemented the new definition in january of 13, california, data collection process, through the ucr, the uniform crime reporting has not updated the reflective changes, but we have in comstat and so should anybody notice that the numbers were putting up in comstat are higher than the numbers that the f.b.i. is reporting in ucr, it is because we are going with the more exhaustive definition, and so it is not necessarily that we are experiencing a uptick, or there is any cause for alarm that rapes are up, it is just that as we get better technologily, our counting keeps getting better and better and in more real time and so i just thought that fit sort of in this presentation. >> thank you.
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>> 3 b, occ direct's report discussion, report of recent activities. >> good evening, director hick and welcome back. >> good evening president mazzucco and members of the police department, chief, and members of the audience. i don't have a report of recent activities this evening. i will have an oral report next week of recent activities and mini written reports and the first wednesday and *f in february and since i was absent, we have a number of reports to present in february. >> thank you. >> thank you very much. >> thank you. >> inspector. >> 3 c, commission report and discussion, commission president's report. >> i have nothing to report. >> commissioners do you have anything to report? >> call item 3 d. >> 3 d. commission announcements and scheduling of items identified for consideration at future commission meetings and action. >> actually are there any
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announcements? >> just that there was not a meeting next wednesday, which will be the 29th, our next commission meeting will be february the 5th. >> okay. >> here at city hall. >> and the next community meeting will be at park station. >> in the park district and i believe that the graton school but we have not narrowed it down yet. >> commissioners we have a pretty full agenda coming up, is there anything that you would like to add or discussion? >> yes, there is something that i would like to add and discussion. >> it is the follow up on the bicycle and pedestrian an hearing that we had which was incredibly inlightning and we have community partners who want to work with us on some of the great progress that the department has made and i wonder how long it will take for us to have a follow up discussion about some recommendations for potentially resolution, and many, three weeks? >> that sounds good. >> very good idea. >> and chief, what after commissioner loftus raise that had question, i understand that
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there is an uptick on citations in the last week? >> a lot of tickets. >> a lot of tickets. >> and i hear that everybody is giving tickets >> a lot of complaints and a lot of tickets. >> we started that. >> and it talks about engineering and education and supervisor yee ended the meeting with five es, enforcement and, there was a direct correlation between staffing and fatalitis in collision and so i hear that the officers are working hard. >> thanks. >> and again, i got to commend the captain and i know that we gave dan and jason and mike a shout out, but all of the district captains and all of the captains and the traffic operation and pretty much anybody that is out in the field realizes that we have to do more and even though the academy recruits are coming out. we still have a lot less than we have.
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we have to do whatever they can do. >> thank them for the effort and we appreciate it. >> okay. >> we have some assignments to make here don't we? >> the files charges against a patrol special officer john barry file number alwiad case number 2013-0154, to an individual commissioner for the taking of evidence on a date of determined by the commissioner. and assignment of disciplinary charges filed against patrol special officer john fitzinger file number alwiad case number 2013-0169 to an individual commissioner for taking of evidence on a date to be determined by the commissioner. >> great, let's start with the first aassignment of cases with reference to the patrol barry, >> ashley waren appearing on behalf of the department. >> is barry present this evening?
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>> for the record, that patrol special officer i don't know barry is not present, have you had conversation with his counsel. >> i have not but i was spoken with officer brown. >> officer brown who is the special officer, could you please come forward? >> good evening, officer brown was barry to be here this evening for the charges? >> he was notified. >> and he is not here. >> he chose not to. >> chose not to be here. >> okay. >> well, who is next in order for this case? >> it would be you commissioner. >> okay great, thank you. >> careful what you hope for. >> okay, we orderly do when both sides for the public, these officers are not peace officers, they do not have the same protection and those they matters are held in public. so, what we have here before us is a unique situation which is a failure to appear at a hearing that the officer has been ordered to appear at and under the general rules and
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procedures of patrol special officers they have to obey an order from the san francisco officer not there. and so the officers are not here and chosen not to be here, and at this point in time i would ask that the special liaison and the police department take the necessary steps that the officer is not on the street tonight. >> thank you. >> please call the next matter. >> that would be the assignment of disciplinary action against patrol special officer john fitzinger. >> is there something going on this one, counsel state your appearance for the record. >> ashley wo rshum on behalf of the department. >> and officer brown? >> and this matter going forward? i know that we had discussions about this prior. >> no, all of the issues that were raised in it have all been taken care of. >> and the officer is present. he is here. >> yes. >> i note that for the record. >> and so what do we need to do with that matter, does it need to be withdrawn? >> so, would it be the
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department's request that these charges be withdrawn because the officer is in compliance. >> we will make that request at this time, commissioner. >> do we need to vote on that? >> so, i would move that these matters ininvolving officer john fifzinger are be withdrawn based on the information that we received in conjunction with the attorney for the san francisco police department. >> do i have a second >> second. >> should we take a vote and a roll call. >> commissioner chan? >> i just want more information about it being withdrawn is it just because the officer has received notice about the violation and has corrected them on his own, just a little bit more of the details? >> officer brown? >> yes, they were corrected shortly after i had finished my report, back in august and it took this long to get here to be, but it has been taken care
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of since. >> okay. >> there was only i believe two issues. >> can you speak into the mic? >> yeah. >> there were only paperwork issues. >> what were the two. >> they were insurance issues, and then, not obeying when i had asked for the insurance, and basically one issue but it comes up as two. >> okay, thank you. >> great. >> and do i have or could we have a vote, please? >> present mazzucco? >> aye. >> vice president turman? >> i'm not sure that i quite understand the issue yet. so i am not able to vote at this time so i pass. >> so i am sorry, commissioner. >> i am not able to vote at this time. >> commissioner dejesus?
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>> yes. >> commissioner chan? >> aye. >> commissioner kingsley? sni. aye. >> commissioner loftus? >> aye. >> motion passes 5-... >> and i don't have a vote from... >> and abstaining? >> and one. >> you can't abstain. >> commissioner? >> let me ask the state attorney, are we able to abstain from a vote? >> do we have to speak like on the mic and stuff like that. my assessment is that both parties are in agreement that they want to withdraw, the complaint, and the specification and so that to me is pretty compelling, and on top of that we are understanding the reason, which is that he is in compliance and
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has been for some time, but due to the administrative delay it took a long time to get to us and that is why i voted the way that i did. >> i believe under the rules you are required to vote for or against. 2.5. >> yes. >> there is a reason for recusal. >> by a vote. >> so i am just going to go ahead and ask, because i think that i am noticing maybe what the question might be at least from my end. so for the specifications, it looks like there are three specifications, one is about providing proof of his guard card and firearm guard and then also number two, proof of adequate automobile liability insurance and then specific identification three, failure to secure permission for the police to work a beat and those it looks like one of those three were described and is there a reason why? >> the first one, there was just a question

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